Md. Code Regs. 15.20.13.08

Current through Register Vol. 51, No. 26, December 27, 2024

Section 15.20.13.08 - [Effective until 4/15/2025] Food Processing Residuals Utilization Permits

A. A person may not utilize food processing residuals, or any product containing this material, without first obtaining a Food Processing Residuals Utilization Permit from the Department.

B. A person who is engaged in the utilization of food processing residuals is subject to the following conditions:

(1) Food processing residuals may not be stored, staged, or land applied in a manner that will cause an undue risk to the environment or public health, safety, or welfare, or in a manner that causes or is likely to cause a discharge of constituents to the waters of the State:

(2) Food processing residuals may only be land applied on agricultural land in accordance with a nutrient management plan prepared by a certified and licensed nutrient management consultant in accordance with the requirements specified in COMAR 15.20.04 and in compliance with COMAR 15.20.07 and 15.20.08;

(3) Food processing residuals transported to a person's agricultural operation may not be transported from that site to:

(a) Any other agricultural operation in the State that is not permitted by the Department to receive it; or

(b) A site in another State that is not permitted or otherwise authorized to receive food processing residuals.

C. In the event of an odor complaint pertaining to the utilization of food processing residuals, the Department shall investigate the complaint and. after investigating the complaint, notify the person who is utilizing food processing residuals what corrective measures, if any, shall be implemented, such as the temporary cessation of food processing residuals application, additional incorporation measures, or the application of odor control agents, such as lime, potassium permanganate, or other odor control agents.

D. A person may mix food processing residuals with other organic material if:

(1) The person demonstrates to the Department that the final utilization of the mixture will not cause an undue risk to the environment or public health, safety, or welfare as may be determined by the Department; and

(2) The person secures a new N/P/K analysis of the material before land application.

E. A person who mixes or otherwise comingles food processing residuals mixed with other organic materials shall manage this material in accordance with this chapter.

Md. Code Regs. 15.20.13.08

Regulations .08 adopted effective 51:23 Md. R. 1035, effective 10/16/2024, exp. 4/15/2025 (Emergency).